ISSUE NO. 3
"Whether the sentence of life imprisonment imposed by the trial Court and to commence from the date
of judgment, was right? Distilled from grounds 7 and 8.
In this case, after convicting the appellant and hearing the allocutus of learned counsel for the appellant,
the trial Court sentenced the appellant as follows:
the accused is hereby sentenced to life
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imprisonment. His sentence shall run from today the 4th day of May, 2017.
The complaint in respect of this issue is that the sentence of life imprisonment imposed on the
appellant..is harsh, excessive and same should be tampered with by this Court. The second leg of the
complaint is that the sentence ought not to commence from the date of delivery of the judgment
because it is trite that prison sentence commences ad(sic) is calculated to include the day that an
accused person is arrested and detained and that this is in accordance with Section 395 of the Criminal
Procedure Law of Delta State, Cap. C22, Laws of Delta State, 2006.
Whilst disagreeing with the submission of learned counsel for the appellant, learned counsel for the
respondent referred to Section 381 of the Criminal Code, Cap. C21, Laws of Delta State 2006 and argued
that a sentence of imprisonment takes effect from the date it is pronounced.
Section 395 of the Criminal Procedure Law, Cap. C22, Laws of Delta State, 2006 provides that:
395. Commencement of imprisonment
Where any person is brought to any prison to be
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